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COMMON BUSINESS CONDITIONS (CBC)

ESHOP OF DAC 1904

  1. COMMON CLAUSES

These common business conditions adjust the relationships between the parties of the contract of purchase in case of product ordering from the shop.dac1904.sk webpage, agreed between DS OPERATOR, a.s., with seat in Štúrova 1090/7, 929 01 Dunajská Streda, Slovak Republic, company registration number: 50 868 683, VAT charge number: SK2120509094, registered in OR SR Trnava, department: Sa, inset NO.: 10712/T, as Seller on the first side (DS OPERATOR or Seller) and Buyer on the second side (Buyer).

The contract between DS OPERATOR and the Buyer is generated by the ordering of the product by Buyer on the one side and by delivery of the product or by accepting the order from DS OPERATOR on the other side. If DS OPERATOR does not react during the period of ten days, the order will be denied. The minimal amount of the order represents 10,00 EUR.

  1. ALLOCATION OF TERMS
  • The Buyer is the consumer or the contractor.
  • The Consumer is a physical person, who during the close-up and fulfillment of the consumer contract does not act within the frame of his business activity or other business activity.
  • The contractor is the person, who is registered in the trade registry; person, who does business based on trade permission, a person, who does business based on other permission than trade permission and based on individual directives, a person, who does agricultural production and is registered in evidence according to individual directives. A person, who negotiates in accordance with the last sentence about his contractor activities, is also considered as a contractor for CBC purposes. If the Buyer gives his identification number in the order, he acknowledges that the same rules are applicable also for him, as for the contractors alleged in this CBC. The legal ties between the seller and the buyer, who is a contractor, specifically not amended by this CBC and with contract between Seller and Buyer, are governed by clauses of the Law number 513/1991 in Commercial Code, in a word of latter legal directives as also with the related directives. In case of divergence between CBC and individual contract signed by the Seller and Buyer, the advantage belongs to the text of the contract.
  • Seller is the DS OPERATOR company, with seat in Štúrova 1090/7, 929 01 Dunajská Streda
  • ESHOP DAC 1904 is an internet store, with the following invoice data:

DS OPERATOR, a.s.

With seat in Štúrova 1090/7, 929 01 Dunajská Streda, Slovakia

Company registration number: 50 868 683

VAT identification number: 2120509094

Invoice number: SK2120509094

The company is registered Commercial Registration on Regional Judicature in Trnava, department: Sa, insertion No.: 10712/T

 

Bank data:

Beneficiary: DS OPERATOR, a.s.

Address: Śtúrova 1090/7, 929 01 Dunajská Streda

 

Account number: 2942061957/1100

Bank: Tatra Banka, a.s.

Bank address: Hodžovo námestie 3, 811 06 Bratislava 1, Slovak Republic

SWIFT: TATRSKBX

IBAN: SK03 1100 0000 0029 4206 1957

 

  • Articles are products and services, which can be found among the offers of the internet shop ESHOP DAC 1904.
  1. THE ARTICLE ORDERING

The seller can order any Article what can be found among the ESHOP DAC 1904 internet store offer.

Article can be ordered by a correctly filled order form in the internet store. After the sending of the order the buyer receives an e-mail with information about the order acknowledge to the system. The employees of the Seller can contact the Buyer anytime additionally via telephone or email for the purpose of order validation or completing the additional requested information.

After the order confirmation the business relationship between the Buyer and the Seller becomes valid. The Buyer commits this way himself to pay the full cost of acquisition for the ordered product, including the shipment charges according to the valid business conditions. By the acknowledging of the order, the Buyer confirm the truthfulness and correctness of the given data. 

Every order must contain:

  • First and Last name of the Buyer,
  • Postal address for the product delivery,
  • Telephone number and e-mail,
  • The order code of the product or the precise name of the product,

The number of articles from every item of the product,

  • The date of the issue of bill,
  • Payment method for the product,
  • Way of shipment and takeover.

 

The order of the legal person must contain:

  • Name of the company,
  • Company headquarters,
  • Company registration number,
  • VAT identification number and invoice number,
  • Contact person, telephone number, e-mail address,
  • Invoice address (if differs from the shipment address),
  • Order code or the precise name of the product,
  • Number of articles from every item of the product,
  • Date of the issue of bill,
  • Payment method for the product,
  • Way of shipment and takeover.
  1. PRICES

Every price is contractual. There are always actual and valid prices in the on-line e-shop. The prices are definitive, they include the VAT and occasionally every additional taxes and charges, which the consumer must pay for the acquiring of the product. This is not applicable for the potential charges for the shipment etc., which are ushered within the frame of so-called shopping cart and their amount depends on the choice of the Buyer.

The discount prices are valid till the clear off stock in case of providing the number of pieces of the discount products or until the given period.

  1. PAYMENT CONDITIONS

The Seller accepts the product payment on shop.dac1904.sk with one of the below methods:

  • With cash on delivery at the product delivery by courier,
  • via CardPay, Diners Club, VISA or MasterCard.

The bill (tax document) is annexed to every package, which include the ordered product. The invoice contains the price of the ordered product and the shipping costs.

The valid prices of the products are listed by particular items and they are valid only for the shopping in the ESHOP DAC 1904 web shop.

The final prices at particular item are ushered in EUR and contain the VAT.

The Seller reserves the right to contact the Buyer in case, if the ordered product is out of stock and this information was not published due to technical or other reasons.

The Seller guarantees the delivery of the product for the price listed in the web shop in the time of product order.

Information provided by the Buyer to the Seller via the order from, serves exclusively for the demand of granting the concrete service and they will be not provided further to third parties or used differently in commercial way.

 

  1. DELIVERY TERMS

The ordered product will be sent to the Buyer by a courier company.

The article will be sent within the frame of the below period:

  • Up to 14 days in Slovakia,
  • Up to 21 days in Europe,
  • Up to 21 days outside Europe.

If the Seller will be not able to send the article in the listed periods, its employees will contact the Buyer via e-mail or telephone and they announce the terms of dispatch or they offer an adequate alternative article as a replacement for the ordered article.

The postage and boxing expenses for the ordered article are charged by the Seller in the amount of:

Courier charges in Slovakia:

  1.  
    1. Package up to 5 kg 4 €
    2. Cash on delivery 1 €
  1.  
    1. Payment via CardPay (Diners Club, VISA or MasterCard)

Package up to 5 kg: 4 €

The courier charges in Hungary

  1. Package up to 5 kg: 7 €

The courier charges in Czech Republic, Austria, Slovenia, Romania, Croatia, Italy, Germany, Switzerland, France, Poland

  1. Package up to 1 kg: 13,00 €
  2. Package up to 3 kg: 21,00 €
  3. Package up to 5 kg: 24 €

 

  1. GUARANTEE

There is a legislative warranty period (24 months) for every ordered article, if this is not listed differently at the product.

We accept only the complaint for the product purchased at DS OPERATOR.

The Seller is required to send a signed demand for the complaint along with the defective product for the application of the complaint, in which he presents the characterization of defects. For the complaint approval, it is necessary to send the copy of the tax document, based on which the article was acquired.

The complaint article must be complete, with accessory, guide etc.

The complaint is resolved up to 30 days from the take over of the complaint product by the Seller. The resolution of the complaint is free during the warranty period.

The article warranty period is terminated in cases, when the defect was caused by improper handling, mechanic defect, operations, inappropriate circumstances or by illegitimate interference to the article. Defects caused by natural disasters are also excluded from the warrant.

The complaints are solved in line with the Commercial Code of SR and Civil Code of Slovak Republic.

The Seller is necessary to solve the complaint and finish the complaint process with one of the below methods:

  • By delivery of the fixed article,
  • By change of the article,
  • By refunding the cost of acquisition,
  • By payoff the reasonable discount from the article price,
  • By a written notice for the take over of compliance assigned to the Seller,
  • By reasonable refusal of the article complaint.

 

The further information about the complaint process are contained in the Complaint Terms of ESHOP DAC 1904.

 

  1. ABANDONMENT OF CONTRACT (INCLUDING THE ARTICLE)

Customer

In terms of law § 7 number 102/2014 from the Code of Law about the protection of the customer at the selling of the article or providing services according to the contract enclosed remotely or according to signed contract outside the Seller’s manufacturing compartment about the change or fill-up of some laws, the Buyer has the right to abandon the contract, which was signed by this means without any given reason up to 14 calendar days starting from

  • Article take over or
  • Closure of the contract about service providing,

at which it is indispensable to send the form to the Seller in the aforesaid period about the abandonment of the contract. This right belongs to the Buyer also if the article ordered on the internet was collected in person in the areas of manufacturing compartment of the Seller.

 

Customer can abandon the contract by filling and sending the form about the abandonment of contract, which can be found on the ESHOP DAC 1904 webpage, and which is confirmed in the written form by DS OPERATOR without any unnecessary delay. Customer can also abandon the contract by sending the note about the abandonment of contract via post or fax, e-mail.

 

In case of contract abandonment, the customer is required for its own expenses and without unnecessary delays to return the article to DS OPERATOR, which was delivered by DS OPERATOR, at latest up to 14 days from the contract abandonment.

The article should be returned completely, with the whole documentation, undamaged, clear and if possible, in the original packing by the customer at latest up to 14 days from the contract abandonment in condition and value, as the article was taken over.

If the Buyer decides to abandonment in the given period, we advise to deliver to the address of DS OPERATOR together with the shipping list and potential reason of contract abandonment (not a requirement), together with the number of shopping document and stated bank account number.

The Customer is responsible for whatsoever decrease of the article value, caused by article manipulation in violation of the article character and attributes.

DS OPERATOR commits, that the money for the returned article will be returned the same way, as it was used for payment up to 14 days from the delivery of the contract abandonment notice.

Contractor

If the Buyer is a contractor, it can be offered a replacement contract abandonment depending up to the condition of the returned product, arrears of warranty and the actual value of the returned contract. The article condition is assessed by the Seller. In case, when both parties cannot come to a mutual agreement acceptable for both sides, the article will be returned back at expenses of the Seller. The Seller is eligible to bill other possible accrued charges to the Seller.

At the issuing of credit note, identity card can be asked from the Seller (as from customer and from contractor) for the aim of protection of the proprietorial rights of the Buyer. By presentation of the identity card the Buyer agrees with the processing of the personal data according to the point II. (in terms of law 122/2013 about the protection of personal data from the code).

By reason of protection of the Buyer rights, if the Buyer is a legal person and he will demand for the refund via credit note reimbursement directly at the store, the appropriate amount will be paid off only for persons authorized to act behalf of the legal person, i.e. for statutory body of person, who identifies oneself with officially audited power of attorney.

 

  1. PROTECTION OF PERSONAL DATA

 

1. The operator of the shop.dac1904.sk webpage is DS OPERATOR, a.s. business entity, with seat in Štúrova 1090/7, 929 01 Dunajská Streda, Slovak Republic, company registration number: 50 868 683, who defines the intention and resources for processing of personal data alone or with others and processes the personal data in own name. Further contact data of the operator for the intention of protection of personal data are: oou [at] dsoperator.sk

2. The aggrieved person for intentions of this CBC is physical person, i.e. Buyer, who factures the Order or registers on the webpage.

3. Under the general statutes of this article of the CBC are meant the legal, legislative and international precepts of law, which have general application for Slovak Republic, mainly the Direction of the European Parliament and Council (EU) 2016/679 from 27. April 2016 about the protection of physical persons at the processing of personal data and about the free movement of these data and about the law 18/2018 2013 about the protection of personal data from the code.

4. The Seller provides his below personal data at the facture of the Order or at registration at the webpage to the Seller: first name, last name, permanent address or delivery address/billing address, telephone number and e-mail address. The Buyer, who is a legal entity or contractor, provides his business name, address of the seat or address of the delivery, if the address of his seat differs from delivery and/or billing address, company registration number, VAT charge number, invoice number, telephone number and e-mail address to the Seller.

5. The aim of the processing of the personal data is

a/ fulfillment of the contract, in which the contractual parties are the operator and the aggrieved person (below as: „contract “), i.e. processing of the Order, information about the status of Orders, facture, administration of the billing and other documents connected to the Order processing. To fulfill these aims, the below personal data are processed: first name, last name, permanent/delivery address, telephone number, e-mail address. The legal basis of the processing of personal data in connection with the aim of processing according to this chapter is the necessity of the processing of personal data for the aim of contract fulfillment;

b/ sending of product offers and services provided by the Operator or by its business partners, sending other information to the aggrieved person, execution of marketing research and congeneric marketing aims. To fulfill these aims, the below personal data are processed: first name, last name, permanent/delivery address, telephone number, e-mail address. The legal basis of the processing of personal data in connection with the aim of processing according to this chapter is acknowledging of the aggrieved person. The processing of the personal data for the given aim is not realized, if the aggrieved person does not agree with the processing of his personal data.

6. The personal data processed by the Operator for the aim of contract fulfillment are processed up to three months from the contract accomplishment. The personal data processed by the Operator for marketing aims are processed until the aggrieves person does not revoke his approval.

7. The data can be amended by the Buyer on the web shop of shop.dac1904.sk in case of registration, after the log in to his account.

8. The Seller informs the Buyer about the Buyer’s below rights as the aggrieved person in the personal data processing:

a/ demand access to his processed personal data from the Operator,

b/requesting for correction of his processed personal data, if they are incorrect,

c/ deleting his processed personal data by the Operator, if any of the Requirement for exertion of this right based on the generally mandatory statutes is existent.

d/ demand for the limitation of the personal data processing, if any of the Requirement for exertion of this right based on the generally mandatory statutes is existent; during the limitation of personal data processing the operator is authorized to only conserve these personal data or to process them only for limited aims according to the generally mandatory statutes.

e/ demand his processed personal data, which was provided by him to the operator, if they are processed by automated resources in a structured, routinely used and machine-readable form, further he has the right to demand for the grant of these data under the same conditions and amount to an another operator, if the data transmission is technically possible.

f/ revoke any time his approval given for the personal data processing in connection with the data processed based on his approval,

g/ interpose an application for observance initiation about the protection of personal data at the competent organ of public authority.

 

  1. THE BRAND MARK RIGHTS

Every logo, photograph and other pictures on the web page and/or in the online catalog are protected by brand mark and/or copyright law. Any usage without the approval of DS OPERATOR, mainly the unauthorized download of the pictures, is forbidden and will be criminally prosecuted according to the civil and/or criminal law.

 

  1. FINAL CLAUSES

These common business conditions are valid and effective from 01.12.2018.